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Exam (elaborations) CIV3701 - Civil Procedure (CIV3701)
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Exam (elaborations) CIV3701 - Civil Procedure (CIV3701)
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CIV3701
ASSIGNMENT 1
SEMESTER 1
YEAR 2023
, +27 680 77 9615
info@furtherstudiesinstitute.com
280 Oak Avenue, Randburg, Johannesburg, ZA
QUESTION 1
(a) Briefly discuss the ex parte application in magistrate’s court. (4)
In South Africa, an ex parte application in magistrate's court is a legal application that
is brought before the court by only one party without the other party being present or
notified. The term "ex parte" means "from one side only" or "by one party".
Ex parte applications are often used in urgent matters where immediate relief is
required and it is not practical or possible to give notice to the other party. For
example, an ex parte application may be brought to obtain an interim interdict or
restraining order to prevent a person from causing harm or damage to another party.
(b) Discuss the ways in which evidence may be placed before the trial
court.
1. Witness testimony: A witness can be called to testify in court, either by the
party calling the witness or by the court itself. The witness can provide
evidence under oath about what they saw, heard, or know about the case.
2. Documentary evidence: Documents, such as contracts, emails, invoices, and
other written materials, can be introduced as evidence in court. The party
seeking to introduce the document as evidence may need to lay a foundation
by explaining how the document was obtained and its relevance to the case.
3. Physical evidence: Physical items, such as weapons, photographs, or other
objects, can be introduced as evidence in court. The party seeking to
introduce the physical evidence may need to lay a foundation by explaining
how the evidence was obtained and its relevance to the case.
4. Expert testimony: An expert in a particular field can be called to provide
testimony in court about a technical or scientific matter that is relevant to the
case. The expert can provide an opinion based on their expertise that can
help the court understand the evidence.
QUESTION 2
(a) X and Y are involved in a motor collision, which is due solely to the
negligence of Y. The motor collision occurs in Johannesburg. Y lives in
Pretoria. X wants to sue Y for R500 000.With these facts in mind, answer the
following questions. Give full reasons for your answers.
(i) May X institute proceedings for damages against Y in the South Gauteng
Local Division, Johannesburg? (2)
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